International Trade

  • August 28, 2015

    ITC Won’t Block Nokia Phone Imports In InterDigital IP Row

    The U.S. International Trade Commission determined on Friday that Microsoft Corp. and Nokia Corp. hadn’t infringed two of InterDigital Communications Inc.'s smartphone network connection patents and refused to block Nokia handsets from import and sale in the U.S.

  • August 28, 2015

    First FSMA Final Rules Bring Clarity To Embattled Food Cos.

    The U.S. Food and Drug Administration's preventive control rules on food contamination are the first two major rules under the Food Safety Modernization Act to become final, a key component of the historic reform that attorneys say will bring a measure of clarity to an industry grappling with litigation and lack of regulatory guidance.

  • August 28, 2015

    Traders Assoc. Seeks Rehearing In White Sauce Tariff Suit

    The American Association of Exporters and Importers urged the Federal Circuit Thursday for an en banc rehearing of a case in which the court had earlier deemed that International Custom Products Inc. must pay disputed tariffs of $28 million on white sauce imports before the dispute can actually proceed in court.

  • August 28, 2015

    Dentons Hired By Tribe In Coal Terminal Permit Fight

    A Native American tribe has tapped Dentons to represent it in a fight to stop a coal export terminal from being built in traditional fishing waters, with the tribe mulling litigation should the U.S. Army Corps of Engineers hold off on a request that the project be dumped.

  • August 28, 2015

    Omega Asks High Court To Review Costco Watch IP Row

    Swiss watchmaker Omega SA has urged the U.S. Supreme Court to review a Ninth Circuit decision clearing Costco Wholesale Corp. of copyright infringement allegations for importing unauthorized Omega watches and selling them in the U.S., saying the court should have determined whether it had engaged in copyright misuse.

  • August 28, 2015

    US Tells Fed. Circ. IT Law Change Doesn't Affect Shrimp Row

    The U.S. told the Federal Circuit Thursday a trade law amendment affecting the extent to which the U.S. Department of Commerce must corroborate its application of an "adverse facts available" anti-dumping duty rate can't be applied retroactively to a shrimp tariffs dispute.

  • August 28, 2015

    Auto Parts Co. Says Latham Biased Judge In Price-Fixing Row

    Jui Li Enterprise Co. Ltd. renewed its bid Thursday to disqualify a Wisconsin federal judge from presiding over litigation accusing it and other auto parts suppliers of price-fixing, arguing its former counsel Latham & Watkins LLP has compromised the judge’s impartiality.

  • August 28, 2015

    TRW Auto Tells ITC It Didn't Infringe Magna's Camera

    General Motors LLC supplier TRW Automotive US LLC urged the U.S. International Trade Commission on Thursday to reaffirm the rejection of fellow supplier’s Magna Electronics Inc. attempt to hold TRW liable for the importation of allegedly patent-infringing driver-assistance cameras.

  • August 28, 2015

    Democrat Opposition To Iran Accord Continues To Mount

    The White House's historic nuclear arms control accord with Iran lost another potential ally on Thursday as Rep. Carolyn B. Maloney, D-N.Y., became the sixth member of the New York delegation to oppose the deal, which faces an increasingly uncertain road to passage through the U.S. Congress.

  • August 27, 2015

    Nestle Cat Food Uses Fish Caught By Slave Labor, Suit Says

    Nestle SA was hit with a proposed class action in California federal court Thursday accusing the company of supporting a system of slave labor by putting ingredients in its Fancy Feast cat food supplied by a Thai seafood company that utilizes “sea slaves.”

  • August 27, 2015

    CIT Orders Plywood Importer To Pony Up Unpaid Duties

    The U.S. Court of International Trade on Wednesday ordered an independent Florida-based manufacturer and distributor of hardwood plywood to immediately pay duties on imported wood that the company incorrectly misclassified as being duty-free.

  • August 27, 2015

    Exec’s Son Can’t Recoup Metal-Smuggling Cash, Feds Say

    The U.S. Department of Justice told a New York federal court Wednesday that a metal company executive’s son can’t reclaim money his father forfeited after pleading guilty to a scheme to smuggle magnesium later supplied to a government contractor, arguing he didn’t own the account from which the sum was taken.

  • August 27, 2015

    Ex-Telecom Heads Can't Nix SEC’s Witness In FCPA Case

    A New York federal judge will allow a deposition of the Macedonian secret service’s ex-chief in the Foreign Corrupt Practices Act trial of three former executives of a Hungarian telecommunications company, ruling the deposition’s problems do not doom the testimony.

  • August 27, 2015

    Watchdog Demands Answers On Imports Of Chinese Poultry

    Food & Water Watch asked the U.S. Department of Agriculture on Thursday to shed some light on the agency's purported approval of poultry imports from a Cargill Inc. outpost in China, flagging possible inconsistencies with a 2006 rule that put strict conditions on poultry trade between the two nations.

  • August 27, 2015

    UBS To Pay $1.7M To Settle US Sanctions Law Violations

    The U.S. Department of the Treasury on Thursday said UBS AG has agreed to pay $1.7 million to resolve claims the Swiss bank processed hundreds of U.S. securities transactions for a customer on the U.S. sanctions list for persons associated with terrorism.

  • August 27, 2015

    Lumber Liquidators Investors Say Ex-Exec Led China Deals

    A proposed class of aggrieved investors lambasted the former chief merchandising officer of Lumber Liquidators Holdings Inc., telling a Virginia federal court Wednesday that the former executive was directly responsible for acquiring illegally sourced wood from China and should therefore not be dismissed from a securities fraud lawsuit against the company.

  • August 27, 2015

    EU Slaps Definitive Tariffs On Chinese, Taiwanese Steel

    The European Commission on Thursday said it was imposing definitive remedial tariffs on imports of certain cold-rolled stainless steel products from China and Taiwan, after an investigation revealed that dumped imports from the two Asian countries harmed the domestic industry.

  • August 27, 2015

    CIT Puts PET Film Producers' Duty Challenge On Hold

    The U.S. Court of International Trade on Wednesday hit pause on a battle over the removal of import tariffs on Brazilian polyester film, finding that it would be improper to move ahead with the case until the court settles a related dispute about the scope of the duty order itself.

  • August 27, 2015

    NZ Trade Official Pressed On Possible TPP Alterations

    One of the leading Trans-Pacific Partnership critics in the New Zealand Parliament on Wednesday grilled a top trade official over the inability of lawmakers to make alterations to the 12-nation accord once it is completed, blasting the deal as secretive and undemocratic.

  • August 26, 2015

    Union Tells Canada To Protect Dairy Program In TPP Talks

    Labor union Teamsters Canada reiterated its opposition to any changes to the nation’s controversial supply management system for its dairy industry on Tuesday, firing off a warning to Canada’s political class over the 12-nation Trans-Pacific Partnership accord.

Expert Analysis

  • Private Equity In Iran: Opportunity Or Pandora's Box?

    Amanda Onions

    Tehran's hotels are said to be full, and foreign investors may be bargain hunting in the region, hoping to cash in on an economy that has been rewarding its predominantly domestic equities investors handsomely. However, none of the sanctions on the country have been lifted yet, says Amanda Onions of Hogan Lovells.

  • Is There 'Credible Information' Of A CTIPs Violation?

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    Compliance officers and attorneys need to develop a working understanding of “credible information” as used in the Federal Acquisition Regulation Combating Trafficking in Persons clause. Unlike other terms, “credible information” is not a precise legal term. There is also an inconsistency within the FAR, says Robert Stamps, special counsel for Afghanistan at Fluor Intercontinental Inc.

  • DC Circ. Conflict Minerals Ruling Is Business As Usual

    LaDawn Naegle

    Last week the D.C. Circuit upheld it's previous decision that a portion of the U.S. Securities and Exhange Commission's conflict mineral rule violated the First Amendment. For issuers, it's business as usual since the 2014 decision, with only issuers who voluntarily describe any of their products as "DRC conflict free" being required to provide a third-party audit in 2015, say LaDawn Naegle and Randy Wang at Bryan Cave LLP.

  • 5 Takeaways From Former SAP Exec's FCPA Case

    Stacey Sprenkel

    Vincente Garcia, former head of Latin American sales for SAP International Inc., recently pled guilty in San Francisco federal court to violations of the Foreign Corrupt Practices Act and settled civil FCPA charges brought by the U.S. Securities and Exchange Commission, underscoring the agencies' continuing focus on the technology sector and Northern California in general, say attorneys with Morrison & Foerster LLP.

  • Global Migration Issues Between Australia And The US

    Naomi Sheridan

    While interest in Australia-U.S expansion is on the increase, especially for tech companies and venture capitalists, immigration issues are making it increasingly difficult to obtain visas in either country, say Naomi Sheridan at Littler Mendelson PC and Valerie Pereira of Dagama Pereira & Associates Pty Ltd.

  • Rift Among US Courts In Enforcing Int'l Arbitration Awards

    James Berger

    Recent decisions in New York and District of Columbia federal courts appear to illustrate a developing rift between the courts over the proper procedure to follow when asked to enforce an International Center for Settlement of Investment Disputes award, say James Berger and Charlene Sun at King & Spalding LLP.

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.

  • Revised FCPA Resource Guide Leaves Major Gaps

    Eric W. Sitarchuk

    The 2012 Foreign Corrupt Practices Act resource guide did not address the government’s view of the impact of compliance issues, and the new revised version does not address these issues. The changes are more technical than substantive but offer clarity for some accounting and criminal penalties provisions, say Eric Sitarchuk and Alison Tanchyk of Morgan Lewis & Bockius LLP.

  • How Teva Will Affect Section 337 Investigations

    Charles Sanders

    U.S. International Trade Commission practitioners can look to the Federal Circuit’s application of the Teva “clearly erroneous” standard in appeals from district court cases for guidance as to how the court is likely to address similar issues arising in ITC investigations, say Charles Sanders and Jonathan Auerbach of Goodwin Procter LLP.

  • Mexico Crude Oil Swaps Not Likely To Affect Export Ban

    R. Scott Nuzum

    The U.S. Department of Commerce Bureau of Industry and Security's most recent approval for export of crude oil to Mexico raises the question of whether the industry has finally convinced the Obama administration that repealing the export ban makes sound economic sense. In all likelihood, the answer is no, say attorneys at Van Ness Feldman LLP.